Attachment SESSTA2011112801387.

SESSTA2011112801387.

DECISION submitted by PANASONIC AVIONICS CORPORATION

STA GRANT WITH CONDITIONS

0000-00-00

This document pretains to SES-STA-20111128-01387 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011112801387_935685

7 182011004988 E100089 SES-STA-20111128-0138 ation Panasonic Avionics Corpor Approved by OMB 3060—0678 APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu: Request for 60—Day Special Temporary Authority 1. Applicant Name: Panasonic Avionics Corporation Phone Number: 949—672—2799 DBA Name: Fax Number: Street: 26200 Enterprise Way E—Mail: Bill.Peltola@panasonic.aero City: Lake Forest State: CA Country: USA Zipcode: 92630 — Attention: Mr. Bill Peltola

Attachment to Grant Panasonic Avionics Corporation IBFS File No. SES—STA—20111128—01387 Call Sign E100089 Panasonic Aviation Corporation (Panasonic) is granted special temporary authority (STA) to operate up to 50 eXConnect aircraft earth stations (AES) in the United States without complying with the data—logging condition imposed in paragraph 26(k) in the Order in IBFS File No. SES—LIC—20100805—00992 (DA 11—1480, rel. Aug. 31, 2011) (August 31, 2011 Order). Operations under this STA must comply with all other terms and conditions of the blanket license granted by the August 31, 2011 Order. This STA is granted for a period of sixty days, from December 22, 2011 to February 20, 2012, pending review of Panasonic‘s application for modification of the data—logging condition. Operations under this STA are subject to the following further condition: Operations under this STA shall be on an unprotected, non—interference basis i.e., Panasonic shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radiocommunication system. Such operations shall immediately terminate upon notification that Panasonic is causing harmful interference with (1) lawful operation of any radio system in the 14.0—14.5 GHz band, or (2) operation of any TDRSS earth station in the band 14.0—14.2 GHz, or (3) radio astronomy observations in the 14.47—14.50 GHz band. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken.

2. Contact Name: Carlos Nalda Phone Number: 202—626—6659 Company: Squire, Sanders & Dempsey (US) Fax Number: LLP Street: 1200 19th Street, NW E—Mail: carlos.nalda@ssd.com Suite 300 City: Washington State: DC Country: USA Zipcode: 20036 —= Attention: Carlos Nalda Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 1B2011004985 4a. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). «4 Governmental Entity C Noncommercial educational licensee CJ Other(please explain): 4b. Fee Classification CGB — Mobile Satellite Earth Stations 5. Type Request g7y Use Prior to Grant C Change Station Location @ Other 6. Requested Use Prior Date 12/22/2011

7. City 8. Latitude (dd mm ss.s h) 0 0 0.0 N 9. State 10. Longitude (dd mmss.s h) 0 0 0.0 W 11. Please supply any need attachments. Attachment 1: Narrative Statement Attachment 2: Attachment 3: 12. Description. (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Request for 60—day Special Temporary Authority for continued commercial operating authority starting December 22, 2011 during pendency of Modification Application for AMSS authorization Call Sign E100089. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes £y No subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 14. Name of Person Signing 15. Title of Person Signing Bill Peltola Director, GCS Business Operations and Planning WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.$. Code, Title 47, Section 503).

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA@fec.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Panasonic Avionics Corporation ) File No. ) Authority to Operate Up to 50 Technically ) . Identical Aeronautical Mobile—Satellite ) Call Sign: E100089 Service Aircraft Earth Stations in the 14.0— ) 14.4 GHz and 11.7—12.2 GHz Frequency ; Bands REQUEST FOR SPECIAL TEMPORARY AUTHORIZATION Panasonic Avionics Corporation ("Panasonic‘"), pursuant to Section 25.120(b)(3) of the Commission‘s rules, 47 C.F.R. § 25.120(b)(3), hereby seeks a 60—day special temporary authority ("STA") to continue operating its "eXConnect" aeronautical mobile—satellite service ("AMSS") system on a commercial basis. The Commission recently authorized Panasonic to operate the eXConnect AMSS system onboard Lufthansa Airlines aircraft using the previously authorized MELCO antenna.‘ Concurrent with the filing of the instant STA request, Panasonic has filed with the Commission a Modification Application to modify the pointing offset threshold for increasing data logging frequency (i.e., decreasing the interval between individual log entries) included in the Panasonic AMSS Authorization from 0.2° to 0.25° to reflect the actual ‘ Order and Authorization, Panasonic Avionics Corporation, Application for Authority to Operate Up to 50 Technically Identical Aeronautical Mobile—Satellite Services Aircraft Earth Stations in the 14.0—14.4 GHz and 11.7—12.2 GHz Frequency Band, File Nos. SES—LIC— 20100805—00992, SES—AMD—20100914—01163, SES—AMD—20101115—01432, SES—AMD— 20110325—00358, SES—AFS—20110405—00402, SES—STA—20110104—00005, Call Sign E100089, DA 11—1480 (Aug. 31, 2011) ("Panasonic AMSS Authorization").

technical characteristics of the MELCO aircraft earth station ("AES") antenna and data logging protocol being implemented by Panasonic. 1. DISCUSSION On August 31, 2011, the Commission authorized Panasonic to operate the eXConnect AMSS system onboard Lufthansa Airlines aircraft using the previously authorized MELCO antenna." In so doing, the Commission concluded that grant of the authorization would serve the public interest by allowing Panasorfic "to provide two—way, in—flight broadband services, including Internet access, to passengers and flight crews aboard commercial airliners, thereby enhancing competition in an important sector of the mobile telecommunications market in the United States.""* On September 30, 2011, Panasonic filed an application for a 30—day Special Temporary Authority ("STA") to afford sufficient time to complete the ongoing software A program necessary to fully implement the data logging protocol designed by Panasonic in anticipation of receiving its AMSS license. Included with the STA application was a Request for Clarification and/or Limited Waiver to confirm that the data logging approach embodied in its data logging protocol complies with the Panasonic AMSS Authorization. On November 22, 2011, the Commission granted the STA until December 21, 201 1,° but for procedural reasons no action was taken on the Request for Clarification and/or Limited Waiver. Given the current procedural posture, Panasonic now understands that the * Panasonic Aeronautics Corporation, Modification Application, Call Sign E100089, SES— MOD—INTR2011—04985, SES—LIC—20100805—00992, SES—AMD—20100914—01163, SES— AMD—20101115—01432, SES—AMD—20110325—00358, SES—AFS—20110405—00402, SES— STA—20110104—00005, Call Sign E100089 (filed Nov. 28, 2011). * See generally id. * See id. at «| 1. * See SES—STA—20110930—01161 (Nov. 22, 2011). 2.

appropriate mechanism to ensure that the data logging condition in its license reflects the technical characteristics of the MELCO antenna and data logging protocol designed by Panasonic is to request modification of the relevant license condition. A. Data Logging Condition and Current Protocol The stated pointing accuracy of the MELCO AES antenna is 0.25°. The Panasonic AMSS Authorization includes Condition 26(k) as one of several operating requirements for the eXConnect system: Panasonic shall maintain records of the following data for each operating AES: location (latitude, longitude, altitude); aircraft attitude (pitch, yaw, roll); transmit frequency and occupied bandwidth; data rate; EIRP; and target satellite. This data shall be recorded at intervals of no more than two minutes while an AES is transmitting and every 30 seconds when aircraft roll angle is greater than 10 degrees. Panasonic shall also record instances when AES pointing error angle is greater than 0.2 degrees. Panasonic shall make this data available upon request to an FSS system operator or the Commission within 24 hours after receiving the request." Consistent with the stated pointing accuracy of the MELCO antenna, however, Panasonic‘s data logging protocol decreases the time between log entries from every two minutes to every 30 seconds if an aircraft roll angle exceeds 10° or the pointing offset angle exceeds 0.25° rather than 0.2° as set forth in Condition 26(k). B. Grant of 60—Day Special Temporary Authority Will Serve the Public Interest Panasonic is seeking a further 60—day STA to continue operating its eXConnect system on a commercial basis during the pendency of the companion Modification Application. A further 60—day STA will also enable Panasonic to continue to operation of its eXConnect system in the manner authorized in the AMSS Authorization while Panasonic continues to implement the data logging software update and continue to provide service to ° See Panasonic AMSS Authorization at «[ 26(k) (emphasis added). —3.

MELCO—equipped Lufthansa Airlines aircraft that intermittently transit U.S. airspace, which have operated without interference since the commencement of experimental trials in 2010. The requested modification is in the public interest because it will enable Panasonic to implement its data logging protocol based on prior Commission precedent to support provision of its innovative two—way, in—flight broadband services to passengers and crew onboard aircraft in flight. Grant of the STA request will also afford the Commission time to consider the Modification Application, which is akin to a minor modification under Section 25.118 (47 C.F.R. § 25.118) of the Commission‘s Rules because it will in no way increase the potential for interference from eXConnect system operations. This, in turn, will enhance competition in the mobile telecommunications market in the United States.‘ Grant of the request STA will also ensure that the increase in consumer demand for in—flight broadband services will be met by affordable and reliable broadband communications services while strengthening U.S. leadership in these advanced communications services. ‘ Panasonic AMSS Authorization at | 1.

IL. CONCLUSION In view of the foregoing, and in the absence of any objection or public interest harm and the significant public benefits associated with the requested relief, Panasonic respectfully requests that the Commission grant Panasonic a 60—day STA to permit continued operation of the eXConnect system on a commercial basis. Sincerely, PANASONIC AVIONICS CORPORATION /s/ Carlos M. Nalda Carlos M. Nalda Squire, Sanders & Dempsey (US) LLP 1200 19th Street, N.W. Suite 300 Washington, D.C. 20036 Its Attorney November 28, 2011

CERTIFICATE OF SERVICE I, Mark D. Johnson, do hereby certify that on this 28" day of November, 2011, I caused to be sent via First Class, postage prepaid US mail, a copy of the foregoing "Request for Special Temporary Authority" to the following persons: David S. Keir, Esq. Lerman Senter PLLC 2000 K Street, NW Suite 600 Washington, DC 20006 Counsel for Row 44, Inc.


Document Created: 2012-01-18 18:09:17
Document Modified: 2012-01-18 18:09:17
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